Topline
Judge Amy Coney Barrett is expected to be confirmed as a U.S. Supreme Court Justice Monday—and once she joins the court, she’ll provide a crucial vote in a Supreme Court term that will cover everything from voting rights and healthcare to immigration and LGBTQ discrimination. Here are the biggest cases coming up after Barrett’s likely confirmation:
Supreme Court nominee Amy Coney Barrett appears before the Senate Judiciary Committee on October 14, ... [+]
Key Facts
2020 Election: The Supreme Court has been asked to weigh in on mail-in voting deadlines in Pennsylvania and North Carolina—and more cases could follow, as dozens of voting rights lawsuits are still playing out in lower courts—and Barrett could weigh in on any post-election disputes that arise as ballots are being counted.
Voting Rights: After the election—the hearing date is not yet set—the court will hear a major voting rights case from Arizona, which will determine whether to permit voting practices that specifically enfranchise voters of color and whether to allow ballots to be collected by third parties, which Republicans oppose as “ballot harvesting.”
LGBTQ/Religious Discrimination: On Nov. 4, the court will hear arguments in Fulton v. City of Philadelphia, Pennsylvania, a religious liberty case that was brought over whether a Catholic social services agency that receives taxpayer funding can legally discriminate against same-sex couples to be foster parents.
Health Care: On Nov. 10, the court will hear Texas v. California, which will determine whether the Affordable Care Act should be struck down or upheld in light of the law’s individual mandate being invalidated.
U.S. Census: On Nov. 30, the court will hear Trump v. New York, regarding whether the Trrump administration can legally exclude undocumented immigrants from U.S. Census tallies used to apportion seats in the U.S. House of Representatives.
Mueller Report Materials: On Dec. 2, the court will hear Department of Justice v. House Committee on the Judiciary, which concerns whether House lawmakers can see redacted materials from former special counsel Robert Mueller’s report on the Trump campaign, and whether impeachment counts as a “judicial proceeding” that grants lawmakers access to grand jury materials.
Fourth Amendment: The court will hear a case this term on whether police can enter a suspect’s home without a warrant in response to a suspect allegedly committing a misdemeanor, as well as Brownback v. King, which was brought by a man who was beat by undercover FBI agents and sent to jail after being mistaken for a criminal suspect.
Asylum Seekers: The court announced last week it will hear a case determining the legality of the Trump administration’s “Remain in Mexico” policy, which requires asylum seekers to wait in Mexico until their case is heard in court.
Border Wall Funding: The court will also hear a case regarding whether the Trump administration can legally divert Department of Defense funds to the president’s border wall without authorization from Congress.
The asylum and border wall cases are unlikely to be heard until after Inauguration Day, and will likely be dismissed should Joe Biden be elected president.
Key Background
Democrats have heavily objected to Barrett’s confirmation due to her history of social conservatism and past writings, which suggest the soon-to-be-justice could likely vote to overturn the ACA and side with conservatives on high-profile topics like abortion and LGBTQ discrimination. Barrett’s ascension to the court, replacing liberal Justice Ruth Bader Ginsburg, will also now give the Supreme Court a more pronounced 6-3 conservative tilt. During her confirmation hearing, Barrett gave few concrete answers regarding how she’d rule on the court, repeatedly declining to answer senators’ questions on her views regarding hot-button issues. In response to Democrats largely using the hearing to make the case for how Barrett’s confirmation would threaten the ACA, however, Barrett did state that she was “not here on a mission to destroy the Affordable Care Act.” As Democrats fear the effect of Barrett’s confirmation on reproductive rights, Barrett also said she doesn’t believe Griswold v. Connecticut, which legalized contraception, is “in danger of going anywhere,” but noted that she does not believe the landmark abortion ruling Roe v. Wade is “super-precedent” that cannot be overruled.
What To Watch For
Barrett is likely to face an easy Senate confirmation process Monday night, with Sen. Susan Collins (R-Maine) expected to be the only Republican to vote against Barrett’s confirmation. Republicans have speedily moved forward with Barrett’s confirmation to the court ahead of the Nov. 3 election despite previously blocking Merrick Garland’s nomination before the 2016 election, with President Donald Trump and other Republicans saying they specifically wanted Barrett to be seated in time to decide any election disputes. The quick confirmation process has been a significant matter of controversy, as Democrats—in line with Ginsburg’s dying wish—argue that the victor of the presidential election should be the one to nominate the next Supreme Court justice.
Further Reading
Amy Coney Barrett: ‘I’m Not Here On A Mission To Destroy The Affordable Care Act’ (Forbes)
Supreme Court To Decide Trump Border Wall Funding Case (Forbes)
Supreme Court Will Review Trump’s Controversial ‘Remain In Mexico’ Asylum Program (Forbes)
